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This is the last Will and Testament of me
Sir Robert Johnson Eden of Windlestone in the County of Durham
Baronet I direct all my just debts funeral and testamentary
expenses to be paid as soon as conveniently may be after my
decease and I charge all my real and personal estate with the
payment thereof and of the pecuniary legacies or sums in gross
hereinafter bequeathed but I direct that my personal estate not
specifically bequeathed shall be the primary fund for those
purposes I give and bequeath unto my dear sisters Mrs Methold
the Countess of Athlone (??) Mrs Duncombe Shafto Mrs Northmore
(??) Mrs Wilson and Miss Charlotte Eden the sum of twenty pounds
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sterling a piece for rings I give and
bequeath to my said sister Charlotte Eden a set of Johnsons
Lives of the Poets in xxx and a set of Bells British Theatre in
xxx I give and bequeath to my old and existent house steward
John Robson as a small mark of my regard for his long and
invaluable services to my father and myself during a period of
fifty years the sum of two hundred pounds sterling and I also
remit and forgive the said John Robson all or any sum or sums of
money which he may stand indebted to me at the time of my
decease I give and bequeath unto Mrs Ann Platt of Windlestone
the sum of one hundred pounds sterling as a mark of my regard I
give and bequeath to my steward James Wilson the sum of fifty
pounds sterling I give and bequeath the following share
annuities to the several persons hereinafter named that is to
say one share annuity or equal sum of fifty pounds sterling unto
the said Ann Platt during her natural life one share annuity or
yearly sum of eighty pounds sterling unto my Butler and valet
Thomas Fibbeson (??) during his natural life for his long and
faithful service one share annuity or yearly sum of fifteen
pounds sterling to Stephen Hope of Windlestone during his
natural life one share annuity or yearly sum of twelve pounds
sterling to Thomas Turnbull of the City of Durham during his
natural life one share annuity or yearly sum of ten pounds
sterling to Ann Proctor of Bishops Durham in the County of
Durham during her natural life and one share annuity or yearly
sum of ten pounds ten shillings sterling to Thomas Young of
Windlestone during his natural life and I hereby charge all and
singular my real estates hereinafter devised with the payment of
the said several annuities respectively (* illegible note in the
margin at this point) and I hereby give to the said several
annuitants respectively full and absolute powers and xxx by xxx
and entry and xxx of the rents and profits of the said real
estates to recover and enforce payment of the said several
annuities respectively when the same or any of them shall be in
arrear and also the property tax for the time being payable in
respect of the said annuities respectively and I hereby further
direct that the said several annuities shall be paid half yearly
in every year free and clear from the xxx tax property tax and
all other taxes and deductions whatsoever the first half yearly
payment thereof respectively to commence and be paid at the
expiration of six calendar months from the day of my decease I
give and bequeath to Thomas xxx William Baxter and Thomas Wallas
respectively if they respectively shall be in my service at my
decease but not otherwise one years wages a piece and a suit of
mourning a piece I give and bequeath to my housekeeper xxx xxx
if she shall be in my service at the time of my decease but not
otherwise the sum of twenty pounds sterling I give and bequeath
to every other woman servant who shall have been two years or
upwards in my service and continue to be in it at the time of my
decease but not otherwise four guineas a piece and a suit of
mourning a piece I give and bequeath to the poor householders of
Windlestone township the sum of twenty pounds sterling to be
paid out of my personal estate only and to be distributed
amongst them at the judgment of my executor hereinafter named
and my will is xxx I do hereby direct that the xxx tax or duty
which shall be payable in respect of the said legacies and
annuities hereinbefore bequeathed shall be paid out of my
personal estate and that the several legacies and annuities
given to my servants shall be paid to them over and above and in
addition to any sum or sums of money that may be due to them for
wages or otherwise at the time of my decease I give and bequeath
all the Rest Residue and Remainder of my personal estate goods
and chattels whatsoever and wheresoever after and subject to the
payment of my just debts funeral testamentary expenses and the
said legacies and bequests except the said annuities
hereinbefore by me given as aforesaid and all my estate and
interest therein unto my brother Morton John Davison esquire
late Morton John Eden absolutely to and for his own use and
benefit I give
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and devise my Manors or Lordships
Rectories xxx messuages lands tenements tithes and hereditaments
situate lying arising or being at or near Windlestone West
Auckland Saint xxx Auckland and Bishops Auckland in the County
or Durham or in the city of Durham and Brignal in the County of
York and a parcel of land purchased by me of the late Mrs Mary
Lambton at Romanby near Northallerton in the North Riding of the
County of York and all other my real estates in the Counties of
Durham and York and elsewhere in Great Britain and all my estate
and interest therein unto Robert Eden Duncombe Shafto of
Whitworth in the County of Durham Esquire William Hesfield (??)
of Beaucepeth (??) in the County of Durham xxx and Thomas
Hopper of the City of Durham esquire and their heirs subject to
the said annuities to given and devised as aforesaid to hold the
value unto the said Robert Eden Duncombe Shafto William Nesfield
and Thomas Hopper and their heirs subject as aforesaid to and
for the several uses upon the trusts and to and for the intents
and purposes and under and subject to the powers provisos
declarations and limitations hereinafter limited declared or
expressed of and concerning the same (that is to say) to the use
of my said brother the said Morton John Davison and his assigns
for and during the term of his natural life without impeachment
of or for any manner of waste and from and immediately after the
determination of that estate by forfeiture or otherwise in his
lifetime then for the use of the said Robert Eden Duncombe
Shafto William Nesfield and Thomas Hopper and their heirs during
the life of the said Morton John Davison upon trust to support
and preserve the contingent uses and estates hereinafter limited
from being defeated or destroyed and for that purpose to make
entries and bring actions as occasion shall require but
nevertheless to permit and suffer the said Morton John Davison
and his assigns during his life to receive and take the rents
issues and profits of the said hereditaments and premises to and
for his and their own use and benefit and from and immediately
after his decease to the use of the first son of the said Morton
John Davison lawfully be begotten and of the heirs male of the
body of such first son lawfully issuing and for default of such
issue to the use of the second third fourth and all and every
other the son and sons of the said Morton John Davison lawfully
to be begotten severally successively and in remainder one after
another as they shall be in seniority of age and priority of xxx
and of the several and respective heirs male of the body and
bodies of all and every such son and sons lawfully issuing the
elder of such sons and the heirs male of his body being always
to be preferred and to take before the younger of such sons and
the heirs male of his or their body and bodies and in default of
such issue to the use of Sir William Eden Baronet his heirs and
assigns for ever provided always and I do hereby declare my will
and mind to be that it shall and may be lawful to and for the
said Morton John Davison when and as he shall by virtue of the
limitations aforesaid be in the actual possession of or be
entitled to the rents issues and profits of the said
hereditaments and premises by any deed or deeds testament or
testaments in writing with or without power or revocation to be
by him sealed and delivered in the presence of and attested by
two or more credible witnesses or by his last will and testament
in writing or any codicil or codicils to be by him signed and
published in the presence of and attested by three or more
credible witnesses to grant limit or appoint to or to the use of
or in trust for any woman or women whom he may marry either
before or after any such marriage for the life of any such woman
for her jointure and in bar or without being in bar of her dower
at the common law or by custom any annual sum or yearly rent
charge not exceeding the annual sum of one thousand pounds of
lawful money of Great Britain free from taxes and without any
other deductions whatsoever (except an amount of the tax upon
property or income) to be issuing out of and charged and
chargeable upon all or any part or parts of the said
hereditaments and
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premises hereinbefore devised with the
usual powers and remedies of distress entry and perception of
the rents issues and profits of the same premises which shall be
so charged with the said annual sum or rent charge for
recovering and enforcing payment thereof respectively when in
arrear and also to limit and appoint the hereditaments which
shall be so charged as aforesaid to any person or persons his or
their executors administrators and assigns for any term or terms
of years upon such trusts for better securing the payment of any
such yearly rent charge as to the said Morton John Davison shall
seem meet but so that upon the death of the woman for the
benefit of whom any such term shall be so limited and the
payment of the arrears of her rent charge and the expenses
incurred by the non-payment thereof the term to be limited for
securing the said yearly rent charge or so much of the same term
as shall not be disposed of under the trusts to be declared for
securing the same yearly rent charge shall be made to cease and
determine provided always and I do hereby declare my will and
mind to be that it shall and may be lawful to and for the said
Morton John Davison during his life and after his decease for
the person or persons who shall for the time being under or by
virtue of the limitations aforesaid be in the actual possession
of or well entitled to the hereditaments and premises aforesaid
or the rents issues and profits thereof and during the minority
of any such person or persons for his or their Guardian or
Guardians from time to time to devise and lease all or any part
or parts of the said hereditaments and premises with the
appurtenances to any person or persons for any term or number of
years not exceeding twenty one years in possession and not in
reversion or by way of future interest so as then be reserved or
be made payable on every such lease during the continuance
thereof the best and most improved yearly rent or yearly rents
to go along with and be incident to the immediate reversion of
the premises so to be leased that can or may be reasonably had
or gotten for the same without taking any xxx premium or xxx for
the making thereof and so that in every such case there be
contained a condition of xxx on the non-payment of the rent or
rents to be thereon or thereby respectively reserved by the
space of twenty one days next after the same shall become due
and payable and so that the lessee or respective lessees to whom
such lease or leases shall be made do xxx and deliver a
counterpart or counterparts of such lease or leases and so that
none of the lessees to whom any such lease or leases shall be
made be by any clause or words therein contained authorised to
commit waste or exempted from punishment for committing waste
any thing hereinbefore contained to the contrary thereof in any
wise notwithstanding and last I hereby constitute and appoint my
said brother Morton John Davison Executor of this my last will
and testament In witness whereof I the said Robert Johnson Eden
the testator have to this my last will and testament contained
in five sheets of paper set my hand and seal that is to say my
hand to the first four sheets an my hand and seal to this the
fifth and last sheet this fourteenth day of April one thousand
eight hundred and fifteen Robert Johnson Eden signed sealed
published and declared for the testator Sir Robert Johnson Eden
as and for his last will and testament in the presence of us who
at his request in his presence and in the presence of each other
subscribe our names as witnesses hereto George Bedford Solicitor
Bulford Row London William Henry Keysham xxx xxx Clerk to Mr
Bedford.
Windlestone March 1835
Dear Morton Should it please God to allow
me sufficient time & power for doing so I intend to make a new
will lest it be otherwise ordained however I think it most
advisable to request of you in such case a grant of the
following annuities to Thomas Wallace my old Groom who has lived
here since 1813 £25 a year To Wm Baxter xxx 1813 £25 a year To
John Winfield my valet and butler (who in that capacity
previously as footman
Footnote – postponing it till J J
Campbells new act is passed
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has been from ten to eleven years in my
service) £40 a year To my footman Frederick Robinson £15 a year
(None of these annuities to take place unless each person above
mentioned continue in his place to the date of my death) To my
land steward xxx Robinson a legacy of £50 To my house steward
Henry Thompson a legacy of £50 To all my female servants who
derive no benefit from my will (* illegible margin note at this
point) or these xxx a years wages (* illegible margin note) over
and above what may be due to them at the time of my decease I
beg you moreover to let each of my Godchildren viz Revd John
Shafto Eden Northmore (??) Charlotte Greville Robert Nesfield &
Alexander Ellis (and any other Godson or Goddaughter who may be
overlooked in this enumeration) have £50 each amongst the
annuities I wish to be xxx my present annual allowance of £100
to John Methold & to Edward Methold as a mark of regard you will
have the goodness to present £100 as a legacy. Pray offer Mrs
Greville any commentation of xxx as an equivalent that she may
wish for. God bless and prosper you for many years in the
enjoyment of our united property & believe me dear Morton yr
affect. Brother Rbt J Eden
xxx M J Davison esq xxx which I am well
assured he will attend to in lieu of a new will March 9th
1835 RJE
ps Pray continue yr weekly allowances to
old invalid labourers.
This is a Codicil to the last will and
testament of me Sir Robert Johnson Eden of Windlestone in the
County of Durham Baronet which will is dated the fourteenth day
of April one thousand eight hundred and fifteen whereas by my
said will I appointed as the executor thereof my late only
brother Morton John Davison esquire who died on the twenty
eighth day of June last Now I do by this codicil appoint my
nephew John Methold Esquire the sole executor of my said will
and I hereby ratify confirm and republish my said will as
witness my hand this tenth day of July one thousand eight
hundred and forty one Rbt Johnson Eden Signed and declared by
Sir Robert Johnson Eden Baronet as and for a codicil to his last
will and testament in the presence of us who being present at
the same time have in his presence and in the presence of each
other hereunto subscribed our names as witnesses xxx xxx of
Beamish Park William Adamson of Beamish Park
In the Prerogative Court of Canterbury
In the xxx of Sir Robert Johnson Eden
Baronet deceased
Appeared Personally John Griffith of the
City of Durham in the County of Durham esquire and Thomas
Griffith of the same place Gentleman and having now carefully
viewed and inspected the paper writing or letter hereunto
annexed bearing date the ninth day of March one thousand eight
hundred and thirty five and purporting to be and contain a
codicil to the last will and testament of the said Sir Robert
Johnson Eden late of Windlestone in the County of Durham Baronet
deceased and as it was originally written fair before the
several alterations now appearing on the face thereof were made
beginning thus ‘Windlestone March 9 1835 Dear Morton Should it
please God’ ending thus ‘enjoyment of our united property &
believe me dear Morton yr most affect brother’ and being thus
subscribed ‘Rbt J Eden’ with the following superscription
thereon to wit ‘M J Davison esq Directions (which I am well
assured he will attend to in lieu of a new will March 9 1835’
which is subscribed with initials RJE and a postscript to such
superscription as follows ‘ps pray continue yr weekly allowance
to old invalid labourers’ also subscribed with initials thus
‘RJE’ The said codicil having also a memorandum at the foot of
the first page xxx as follows ‘postponing it till J J Campbells
new act is passed’ and at the foot of the second page an xxx to
wit ‘In my will each has I observe 4 6s over and above xxx’
‘pray after that in effect for a years wages over and above’ as
in ps the said appeared jointly and severally made oath that
they knew and were well acquainted with the said deceased for
many years before and to the
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time of his death and were also well
acquainted with his xxx and character of handwriting and
subscription having frequently seen him write and write and
subscribe his name to writings and that they verily and in their
consciences believe the whole body xxx and contents of the said
paper writing or letter as originally written fair as aforesaid
and the said name Rbt J Eden subscribed thereto and the
hereinbefore mentioned superscription and postscript thereon
with the initials RJE severally subscribed thereto as aforesaid
and the said memorandum at the foot of the first page and also
the hereinbefore xxx addition at the xxx of the second page
thereof to be all of the proper handwriting and subscription of
the said Sir Robert Johnson Eden Baronet the testator deceased.
John Griffith Thomas Griffith On the twenty sixth day of
November 1844 the said John Griffith and Thomas Griffith were
duly sworn to the truth of this affidavit by virtue of the
annexed requisition before me Edwd Elden xxx
Proved at London with 2 codicils 30th
Nov 1844 before the judge by the oath of John Eden Esq
hereinbefore John Methold the nephew the sole exor to whom admon
was granted having been first sworn by xxx duly to administer. |